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  • Husband facing deportation

    Please Help! My husband has been convicted of a crime and is now serving jail time. He received a sentence of one year for riding in the neighbors car that had guns in it. My husband came into this country legally on a I-94 visa which he's been doing for the last past seven years. Last year we decided to get married. His visa expired three weeks after we married. His expired visa wouldn't have been a problem if he never got into trouble. The problem is we never had the chance to start his paper work for immigration. While serving time I filed a I-130 with a receipt date of 02/2001 which hasn't been approved yet. His year in jail is almost up and is now facing deportation for his criminal charges and over staying his welcome. His Lawyer said he's going to apply for a waiver of inadmissibility and permanent residency. I don't think that my husband chances are very good because he was charge with illegal possession of a weapon in a motor vehicle.( not a aggravated felony). My question to anybody is if my husband is deported hopefully voluntarily how long will it take me to get him back home?, what are his chances of him getting the waiver and permanent residence?, Do I have to prove hardship?, and what details hardship. Thank You

  • #2
    Please Help! My husband has been convicted of a crime and is now serving jail time. He received a sentence of one year for riding in the neighbors car that had guns in it. My husband came into this country legally on a I-94 visa which he's been doing for the last past seven years. Last year we decided to get married. His visa expired three weeks after we married. His expired visa wouldn't have been a problem if he never got into trouble. The problem is we never had the chance to start his paper work for immigration. While serving time I filed a I-130 with a receipt date of 02/2001 which hasn't been approved yet. His year in jail is almost up and is now facing deportation for his criminal charges and over staying his welcome. His Lawyer said he's going to apply for a waiver of inadmissibility and permanent residency. I don't think that my husband chances are very good because he was charge with illegal possession of a weapon in a motor vehicle.( not a aggravated felony). My question to anybody is if my husband is deported hopefully voluntarily how long will it take me to get him back home?, what are his chances of him getting the waiver and permanent residence?, Do I have to prove hardship?, and what details hardship. Thank You

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    • #3
      I can't answer your question, but I wanted to tell you that I am very sorry for your situation and wish you luck. God bless.

      Comment


      • #4
        you husband did felony , he will be bared to adjust his status within USA , And he is inadmissable, following deportation. There is long lenght of paperwork filling and waiting period. Lets see .. it depends upon the paperwork you filled and what status he will have in the future when he will apply for Waiver.
        lets say I-130 is approved then he will have 3 years bar just to apply for waiver and waiver will take almost a year, if it approve then he can come on K visa. But as he is already serving time for years, I think it will be more then years he will be overstayed , so he will have 10 years Bar according to act 1996. ( One can argue that he was in detention, I have to double check the BIA cases to determine if he will get 3 years or 10 years) in both condition he will have Bar to adjust status because he is overstayed.
        I think you got the picture.

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